R.M.DOSHIT, J. - (1.) HEARD the learned Advocates. With the consent of the learned advocates, the Appeals are heard and decided today.
(2.) THESE two Appeals preferred under Clause 15 of the Letters Patent arise from the judgments and orders dated 16th January, 2009 passed by the learned Single Judge in respective writ petition. The appellant is a retired servant of the Government of Gujarat. The appellant entered the service in the year 1959 as an overseer. On reaching the age of superannuation, he retired from service on 30th June, 1991 as an Executive Engineer. Prior to his retirement from service, a disciplinary proceeding was initiated against the appellant on 12th July, 1989. Another inquiry came to be initiated on 29th June, 1991, a date previous to the date of his retirement. Both these inquiries were challenged by the appellant under Article 226 of the Constitution in the above Special Civil Application No. 7171 of 1992. The petition was admitted to final hearing. Pending the petition, this Court (Coram : Mr. M.S. Parikh, J.) was pleased to direct, inter alia, that "instead of staying the departmental inquiry, the same should be allowed to be proceeded with; although the decision taken thereof shall be placed before this Court and shall not be implemented without direction of this Court..."
(3.) IT appears that pending the petition, the disciplinary proceeding was completed in the year 1997. By order dated 27th November, 1997 made by the State Government, the appellant was visited with punishment of reduction in monthly pension by Rs. 500/ -. Nevertheless, neither the said order was placed on the record of the Special Civil Application No. 7171 of 1992 nor was the permission to implement the order was sought. In the result, the order of punishment was not implemented till the date of the order. We are informed that it has not been implemented as yet.;